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State v. Terrell

Court of Criminal Appeals of Tennessee, Jackson

December 8, 2014

STATE OF TENNESSEE
v.
DONALD TERRELL

Assigned on Briefs September 3, 20

Appeal from the Criminal Court for Shelby County Nos. 9010940, 9115675, 9101739, 9300455, 9302666 Glenn Wright, Judge

Donald Terrell, pro se, as the appellant.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Amy Weirich, District Attorney General; and Ann Schiller, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert L. Holloway, Jr., J., delivered the opinion of the Court, in which Alan E. Glenn, and Robert W. Wedemeyer, JJ., joined.

OPINION

ROBERT L. HOLLOWAY, JR., JUDGE

Factual and Procedural Background

According to the pleadings, Donald Terrell ("the Appellant") was arrested as a juvenile on January 29, 1990, for one count of unlawful possession of a controlled substance with intent to sell and was subsequently released to his parents. On March 1, 1990, he was arrested for theft of property and held at the juvenile detention center. The juvenile court determined that the Appellant would be tried as an adult and set bail at $10, 000, which the Appellant made. While out on bail, the Appellant was arrested on June 16, 1990, for unlawful possession of cocaine with intent to sell. The Appellant remained in custody following this third arrest, and he was indicted on all three charges.

On March 6, 1991, the Appellant entered guilty pleas to all three counts and, pursuant to his plea agreement, was sentenced to concurrent eight-year, three-year, and eight-year sentences, respectively. Upon his completion of boot camp, the Appellant was placed on probation. During the service of his probation, the Appellant was arrested on August 28, 1992, for aggravated assault and was released on bail. The Appellant was then arrested on February 8, 1993, for unlawful possession of a controlled substance with intent to sell. The Appellant's probation officer filed a petition to revoke his probation.

On May 20, 1993, the Appellant pleaded guilty to the new charges and admitted violating probation. According to the plea agreement, he received an eight-year sentence for unlawful possession of a controlled substance with intent to sell and a four-year, concurrent sentence for aggravated assault.[1] This effective eight-year sentence was also ordered to run concurrently with the 1991 eight-year sentence.

In August 2013, the Appellant filed the instant pro se "Motion to Correct Illegal Sentence Pursuant to Tennessee Rule[] of Criminal Procedure 36.1, " asserting, among other things, that his concurrent sentences were illegal because they were imposed in direct contravention of Tennessee Code Annotated section 40-20-111(b) and Tennessee Rule of Criminal Procedure 32. On October 18, 2013, the trial court dismissed the Appellant's motion without appointing counsel and without a hearing. This appeal followed.

Analysis

The Appellant contends that his motion to correct an illegal sentence raised a colorable claim, and therefore, the trial court erred ...


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